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infrastructure including the computers, hardware and software and they got exclusive access to them. The accused 1 to 3 have agreed in their Employment Agreements that they shall not use the confidential information entrusted to them by the employer at any time directly or indirectly to have personal commercial advantage or to do anything which is detrimental to the business or activities of the employer in any manner and that the said concepts, ideas etc., written or electronically developed by the employee during the course of his employment, exclusively belong to the company and also gave an undertaking to keep confidentiality of the same. Therefore, reposing confidence in the accused 1 to 3, the company has entrusted the said confidential and valuable computer data and details of the students in good faith to the accused 1 to 3 by providing passwords of the computer systems to them for the purpose of using the said data exclusively for the purpose of running the educational institutions, establishments and schools belonging to the employer and for using the same to impart education to the students studying in Gosala branches of Sri Chaitanya group.

22. A reading of the aforesaid Section makes it manifest that mere user of the password of another person dishonestly or fraudulently by itself is made an offence.

23. As can be seen from the contents of the FIR at para-6, it is clearly stated that the management by reposing confidence in accused 1 to 3 has entrusted and given access CMR, J.

to them in good faith to the highly confidential and valuable data by providing passwords of the computer systems to them for using the data exclusively to run the educational institutions belonging to the employer and for using the same in Gosala branches of Sri Chaitanya group of VEMPL. In para-7 of the FIR, it is stated that accused 1 to 3, who have domain over the said computers, electronic gadgets, software, computer data base of the institutions including customize education software, have misused the passwords of the computer system and gained access to the said data and have stolen the same from the computer systems.